With the introduction of automobiles, humans had to figure out a new method for ensuring that everyone knew where they could and could not go and when. In addition to horns and turn signals to be used to let others know our intentions or problems with another driver, we devised a set of rules that everyone on the road is supposed to (but does not always) follow. It is through these rules that we attempt to control the chaos of 1,000-to-3,000-pound objects hurtling towards us at high speed and avoid becoming a demolition derby.
Some of these rules are obvious. Stop at the stop sign or the red light. Go at the green light and stay on the right side of the road. Other rules are more confusing with the most confounding for drivers being those of yielding and right of way. Everyone seems to have a different take on the situation depending on where they learned how to drive or their general lack of understanding of the rules of the road. This is particularly true in California.
The 4-Way Stop
So, let’s start with the simple one: the four way stop. In California, your must yield to traffic including bicyclists and/or pedestrians who are already in the intersection. After that, whoever gets to the intersection first has the right of way to proceed. If you land at the intersection at the same time as another driver, YOU must yield to whoever is on your right – be it vehicle, bicycle, or pedestrian.
Intersections with flashing traffic signals that are malfunctioning should also be treated as four-way stops. When drivers approaching a highway are faced with a flashing yellow light, they must slow down and yield to the traffic on the highway before moving through the intersection. If there are flashing red lights, the driver must stop completely before proceeding into the intersection.
Up and Down Hills
On mountain roads that may not be wide enough to accommodate two vehicles at the same time, the vehicle going down the hill must yield to the vehicle going up the hill. In fact, California law requires that the vehicle going down the hill to back up when necessary to allow the vehicle going uphill to pass.
Roundabouts (Traffic Circles)
Roundabouts or traffic circles should be more intuitive but for drivers who have never encountered one, they can be dangerously confusing. The key is to slow down when approaching the traffic circle and yield to whatever traffic is in the circle already. When you see an opening, you can proceed to the right and go counterclockwise around the circle until you reach your exit.
On-Ramps
Another potential quagmire of confusion is the highway on-ramp where two opposing lanes of traffic merge into one. The general rule of thumb is that the lane with a light gets the right of way over another lane where the traffic is turning right onto the ramp.
When exiting a parking lot, you must yield to the traffic on the feeder road and those on the feeder road must yield to those on the main road.
Pedestrian’s Right of Way
While no one walks in L.A. usually, drivers must be familiar with pedestrians’ right of way under California law. As a matter of course, pedestrians do not have a blanket right of way. First, though, let’s discuss who is a pedestrian. Certainly, people walking fit squarely into the definition but in California so does someone in a motorized wheelchair, a skateboarder, skiers, ice skaters, people using non-electric scooters, people on roller skates or roller blades, and people in wheelchairs. On the other hand, people riding bikes, motorized scooters, or hoverboards are all considered to be vehicles, not pedestrians.
Generally, California law requires vehicles to yield the right-of-way to pedestrians in marked crosswalks and unmarked crosswalks at intersections. This begs the question of what constitutes a “crosswalk.” California defines a crosswalk as “the portion of roadway of an intersection which represents extensions of the sidewalk lines, or any portion of the roadway distinctly indicated for pedestrian crossing.” Marked crosswalks usually have two solid white or yellow lines connecting the two portions of sidewalks being traversed. Unmarked crosswalks are just what they sound like: crosswalks without markings. However, this does not mean that they are still not crosswalks for which drivers need to yield to pedestrians.
Pedestrians are not without their own obligations, however, when it comes to using crosswalks. Under California law, they must exercise a duty of care for their own safety. This means that they cannot suddenly leave the curb or other place of safety and walk or run into the path of a vehicle so as to constitute an immediate hazard. They also cannot unnecessarily stop or delay traffic in a crosswalk, marked or unmarked.
They also cannot walk in a bike lane when there is sidewalk or walking path available to them, walking outside of the crosswalk, and cross against a traffic signal or when the walk signal is not illuminated. Pedestrians who do not follow these rules are considered to not have the right of way which can be important if they cause or contribute to an accident. This can be used to make them shoulder some or all of the liability for the accident.
What about blind pedestrians? If the pedestrian is using a white cane or has a guide dog, drivers must take all reasonably necessary precautions to avoid hitting or coming near them. Failure to do so is a misdemeanor subject to jail time and/or a fine.
Rights of way can be confusing and failure to properly yield when driving can result in serious and sometimes fatal accidents. The best offense in this case is to be thoroughly aware of the rules before venturing out onto the road. If you should find yourself a victim of someone’s failure to yield the right of way, the best defense is to immediately contact a competent and skilled Los Angeles personal injury attorney who can assist you in getting the maximum recovery you deserve.